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trumble88

Can I apply for H2B visa while in the US on tourist visa?

By trumble88 in Work Visas

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trumble88 Contributor

trumble88   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Hey,

I am currently in US on tourist visa (ESTA).

I have been offered a job here which would be best covered by the H2B visa.

Does anybody know if I will have to go back to the UK to apply for this visa? or whether I can stay in the US to do this?

The US govt website, is a bit vague and unhelpful....

Thanks!



OH! and my K1 fiance visa is currently being processed...

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Nich-Nick Grand Master

Nich-Nick   3,353

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Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Hey,

I am currently in US on tourist visa (ESTA).

I have been offered a job here which would be best covered by the H2B visa.

Does anybody know if I will have to go back to the UK to apply for this visa? or whether I can stay in the US to do this?

The US govt website, is a bit vague and unhelpful....

Thanks!

OH! and my K1 fiance visa is currently being processed...

You're going to have that K1 probably faster. You can't apply for the visa. The employer must do all the paperwork, pay a lot of fees, state why they can find nobody in the US who could do that job. There are yearly caps of how many can be issued. A new application year opens in April and most try to get them in the first day because often more apply than visas available. Sometimes they fill up the first few days. Meanwhile if you stay longer than 90 days, you are ticking up overstay days. Get six months worth and you could be banned for 3 years. I'm sure I'm not giving perfect details, but you get the idea that it's not as easy as somebody offering you a job and you get to stay.

You'd be better off reading this http://www.visajourney.com/forums/topic/350185-london-2012-k1s-from-noa2-to-interview-thread/ to prepare for your K1 London things.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
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There are yearly caps of how many can be issued. A new application year opens in April and most try to get them in the first day because often more apply than visas available. Sometimes they fill up the first few days.

Yeah - It looks like the cap for *all* of 2013 has almost been reached already:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=356b6c521eb97210VgnVCM100000082ca60aRCRD&vgnextchannel=d1d333e559274210VgnVCM100000082ca60aRCRD

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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trumble88 Contributor

trumble88   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Hey, thank you both for your help. Didn't know about the cap on the number of visas, so thanks for that info!

If it was possible though, do you if I have to be in my home country or if I can be in the US?

The K1 has taken almost a year so far and we still haven't recieved our NOA2, so not convinced it's going to come very soon at all....

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
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Posted

Hey,

I am currently in US on tourist visa (ESTA).

I have been offered a job here which would be best covered by the H2B visa.

Does anybody know if I will have to go back to the UK to apply for this visa? or whether I can stay in the US to do this?

The US govt website, is a bit vague and unhelpful....

Thanks!

OH! and my K1 fiance visa is currently being processed...

Your employer must start the process. I would recommed you speak with their lawyer for the details as to how they are planning to go about getting your visa.

Good luck!

200px-FSM_Logo.svg.png


www.ffrf.org




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trumble88 Contributor

trumble88   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

I have read about the visa, I know the employers must file a petition and then I apply for the visa after that has bee approved.

All I want to know is do I have to be in my home country or can I be in the US?

Does anybody know the answer to this?

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Nich-Nick Grand Master

Nich-Nick   3,353

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

The K1 has taken almost a year so far and we still haven't recieved our NOA2, so not convinced it's going to come very soon at all....

Your timeline says 7 months. It will be approved. If you get everything ready for London and study the London specific process you will be able to get through faster. Do you have your police certificate? Gotten your shots? I gave you a good link to help you cut corners for the London part.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

I have read about the visa, I know the employers must file a petition and then I apply for the visa after that has bee approved.

All I want to know is do I have to be in my home country or can I be in the US?

Does anybody know the answer to this?

You need to return home for that, so that you can do your part of the process.

200px-FSM_Logo.svg.png


www.ffrf.org




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Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like you have not spoken with the Lawyer handling the case?

You are on the VWP, no adjustment possible, well through marriage.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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